The restrictions and regulations as to minimum lot size, minimum lot area per family or equivalent, minimum lot width, maximum floor area ratio, minimum residential floor area, maximum height, minimum dimensions of front, side and rear yards, minimum usable open space, building spacing and minimum dimensions of courts in the several districts shall be as set forth in the Table of Regulations incorporated as Article VIII of this chapter, except as hereinafter provided.

No land area, yard or other open space provided about any building for the purpose of complying with these regulations shall be included as any part of the land area, yard or open space required for any other building; no land area, yard or any other open space on one lot shall be considered as land area, yard or open space for a building on any other lot. Should a lot hereafter be formed from the part of a lot already occupied by a building, such separation shall be effected in such manner as not to impair conformity with any of these regulations with respect to the existing building and all land area, yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless both lots comply with all the provisions of these regulations.

In computing the lot area requirements for any structure in which residential accommodations are combined with one or more nonresidential permitted main uses, each 1,500 square feet of floor space devoted to such nonresidential uses shall be counted as equivalent to one family unit.

The provisions of Article VIII shall not prevent the construction or alteration of a single-family dwelling, provided that the yard requirements are observed, on any lot in separate ownership which was duly recorded by plan or deed or was assessed as a separate parcel prior to the effective date of this section or on any lot in a subdivision approved by the Planning Commission within five years prior to said date. Except in such a subdivision, two or more contiguous lots in a single ownership on or after such date shall be replotted to create one or more lots which will conform to the above provisions. The Board of Appeals, however, if it finds that such a reparceling or replotting cannot reasonably be done without creating or retaining one or more lots that provide less than the required area or width, may permit the construction of a single-family dwelling on such lot or lots. The Board shall not permit any lesser dimensions than the following unless more than 1/2 of the frontage on the same street block between the two nearest intersecting streets is already built up at lower standards:

The provisions of Article VIII shall not prevent the construction or alteration of a single-family dwelling on any lot in separate ownership which was legally recorded by subdivision plat or deed and was assessed as a separate parcel prior to February 17, 1988, that conforms to the requirements for a lot not located in an area of special flood hazard. The Board of Appeals may permit the construction of a single-family dwelling on existing lots that provide less than the area and width required for lots located outside of an area of special flood hazard, provided that the Board shall not permit any lesser dimensions than the following unless more than 1/2 of the frontage on the same street block between the two nearest intersecting streets is already built up at lower standards:

The provisions of § 197-1, Definitions and usage, "lodging house" through "lot width," and § 197-23 shall not prevent the construction, alteration or expansion of a permitted main or accessory use, provided the yard requirements are observed, on any lot in an undivided ownership prior to the effective date of this section or any lot in a subdivision approved by the Planning Commission within five years prior to said date which is nonconforming due to the exclusion of a wetland or watercourse area from allowed calculations as provided in the above-cited section, provided that the proposed filling of a wetland or watercourse or the development of such land created by such filling does not result in an increase in permitted development beyond that which would have been allowed before the dredging or filling. However, the exemptions of this section shall not apply to a lot or parcel conveyed to the present or past owner as an underwater land grant or to any illegally filled-in watercourse, and, further, in the case of a subdivision approved more than five years prior to the effective date of this section, two or more contiguous lots in a single ownership shall be replotted to create one or more lots which conform to the standards of this chapter.

Simultaneously with the approval of a subdivision plat, the Planning Commission may either confirm the zoning regulations of the land so platted as shown on the Official Zoning Map or create lots, by lot averaging or lot grouping, with lesser area and dimensional requirements than permitted in the Table of Regulations and require the owner to submit a plat which reflects such change, which lots shall thenceforward be deemed conforming, subject to the following limitations:

No person shall develop any lot or plot created after August 1, 1961, or erect any permanent building thereon, without first obtaining approval of the Planning Commission of the proposed lot arrangement and the proposed methods of providing water and sanitary and storm sewerage facilities and physical access for each of the said lots or plots, except as provided for in § 170-5E, Exemptions for historic properties, of the Code of the City of Rye. No permit for construction on said lot or plot shall be approved by the Building Inspector for issuance by the Clerk until the aforesaid approval of the Planning Commission has been obtained.

For any building or group of related buildings on a lot, the aggregate gross floor area, including accessory buildings, shall not exceed the ratios specified in the Table of Regulations (Article VIII), except as provided in the following sections.

For uses permitted subject to additional standards and requirements, the gross floor area authorized in the permit as granted but not constructed initially shall be deemed to be authorized for later construction within a period of 10 years from the date of the issuance of the permit, regardless of reductions in lot area resulting from taking of parts of the lot for public use, provided such takings do not reduce the aggregate lot area by more than 15% of the area included in the plot plan approved in connection with the permit.

For a single-family house to be built upon a nonconforming lot under the provisions of § 197-37, the ratio specified in the Table of Regulations may be increased to permit a gross floor area no greater than is permitted on a lot of the minimum size specified in said table for the district in which the lot is located, but in no event shall such increase exceed the specified ratio by more than 0.10.

The floor area ratio for single-family residences located in one-family districts (i.e., R-1 through R-6) as set forth in Article VIII, Tables of Regulations, § 197-86, shall be reduced to 1/2 of that portion of a property exceeding 150%, but less than 250% of the minimum lot area for the district in which the property is situated. The floor area ratio as set forth in Article VIII, Tables of Regulations, § 197-86, shall be further reduced to 1/4 of that portion of a property exceeding 250% of the minimum lot area for the district in which the property is situated. For example, a property of 122,000 square feet (approximately 2.8 acres) in the R-1 District would be permitted to build a total of 13,559 square feet of floor area. The R-1 District has a minimum lot area of 43,560 square feet (one acre) and a maximum FAR of 0.15. To calculate the maximum permitted floor area, the first 150% of the minimum lot area of the R-1 District (43,560 x 1.5 = 65,340) would apply the FAR of 0.15, resulting in 9,801 square feet of floor area (65,340 x 0.15 = 9,801). The next 100% of minimum lot area of the R-1 District (or 43,560 square feet) would apply an FAR reduced to one-half (0.15 x 0.50 = 0.075), resulting in 3,267 square feet of floor area (43,560 x 0.075 = 3,267). The remaining 13,100 square feet of lot area (122,000 - 65,340 - 43,560 = 13,100) would apply an FAR reduced to one-quarter (0.15 x 0.25 = 0.0375), resulting in 491 square feet of floor area (13,100 x 0.0375 = 491). Total floor permitted floor area would be 13,559 square feet (9,801 + 3,267 + 491 = 13,559).

The gross floor area for single-family residences located in one-family districts (i.e., R-1 through R-6) shall be the sum of the horizontal areas of all floors, roofed or covered areas of a residence measured from the exterior of the outside walls. Certain other space shall be counted in the computation of gross floor area for single-family residences as follows:

For any dwelling unit in any district, the minimum amount of residential floor area, calculated by subtracting from the gross floor area the sum of the floor areas of public halls, public stairs and elevators, unenclosed roofed areas, accessory buildings and nonresidential accessory floor space, shall be not less than the following:

The restrictions as to height of buildings and structures in the several districts shall be as set forth in the Table of Regulations incorporated as Article VIII of this chapter.

The provisions of § 197-45 shall not apply to church spires, belfries, cupolas, domes, monuments, observation towers, windmills, chimneys, smokestacks, silos, derricks, flagpoles, utility poles, masts, aerials other than satellite earth station dish antennas, the requirements for which are set forth in § 197-9A(4), and roof-mounted wireless telecommunications facilities, the requirements for which are set forth in Chapter 196, Wireless Telecommunications Facilities, bulkheads, elevator headhouses, water tanks, parapet walls, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve, shall not exceed in cross-sectional area 10% of the lot area nor 15% of the roof area and shall not be used for human occupancy. In addition, such features as water tanks, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level shall be enclosed by walls so as to obscure pedestrian view of these features from sidewalks on abutting streets. The requirement for walls to obscure the view of water tanks, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level shall not apply to buildings for which a building permit was approved prior to May 19, 1989, or to existing buildings proposed to be modified or enlarged when such required walls would interfere with the proper functioning of existing water tanks, scenery lofts, air-conditioning and ventilating equipment and other necessary mechanical appurtenances usually carried above the roof level.

The first-floor elevation (excluding basements) for single-family residences located in one-family districts (i.e., R-1 through R-6) shall not be more than three feet above the average preexisting grade (as defined in § 197-1) abutting the front building line of the residence. This provision shall not apply in the following cases:

The restrictions in the various districts as to front yard lines shall be as set forth in the Table of Regulations, incorporated as Article VIII of this chapter. No building or structure shall be erected within the required front yard except as permitted in Chapter 90, Fences and Walls.

If the alignment of existing buildings within 100 feet on each side of the lot in question and within the same district and block between the nearest two intersecting streets is nearer the street than the setback line above prescribed, any building or structure may extend as near the street lot line as the average formed by the prescribed setback and such existing alignment. This provision shall not apply to apartments in all RA Districts.

Where a residence is to be located on a lot in such a position that that portion of the lot including required side and rear yards is to the rear of some other lot on which a residence is or may be located, the minimum distance of the residence on the rear lot from the nearest point of the other lot shall be 50 feet greater than the depth of the required front yard specified in the Table of Regulations.[1]

The owner of a corner lot shall, for the purposes of this chapter, have the privilege of calling either street lot line the front, without reference to the building arrangement, except that any part of such a parcel more than 100 feet from the front street lot line shall be considered as fronting on the side street for purposes of determining its required front, side and rear yards. On any corner lot in a residential subdivision approved by the Planning Commission after the effective date of this section, the building shall observe the required front yard setback on each of its street frontages.

In any residence district a side yard extending through from the front yard line to the rear is required along each side lot line of each lot, except as hereinafter prescribed, within which no building or structure shall be erected except as hereinafter permitted. The restrictions as to side yards in the various districts shall be as set forth in the Table of Regulations, incorporated as Article VIII of this chapter.

In RA-1, RA-2, RA-3, RA-4 and RA-5 Districts where all the habitable rooms of any dwelling unit face only upon one side yard, the minimum width of the side yard opposite such rooms shall be 30 feet in an RA-5 District and the same as the required rear yard depth in all other districts; and where some of the habitable rooms of any dwelling unit face upon one side yard and the other such rooms of the same dwelling units face only upon the other side yard, the minimum width of one side yard shall be the same as the required front yard depth opposite such rooms and of the other side yard 30 feet in an RA-5 District and the same as the required rear yard depth in all other districts.

In business districts, except as required by § 197-69, no side yards are required except as specified in the schedule of side yard requirements, but if a side yard is provided or is substituted for a required court, its width shall be at least six feet, and for the purposes of determining its width, the lowest story it is required to serve shall be considered the ground story.

For each foot by which a lot, at the time of enactment of this chapter, is narrower than the required width in the district in which it is located, one inch shall be deducted from the required width of any side yard and two inches from the required sum of both side yards, provided that no side yard shall be narrower than eight feet in any R, RS, RT or RA-1 District or six feet in any other district. This provision shall not apply to apartments in RA-1 Districts.

Where a side wall of a building is not parallel to the side lot line, the required width of any side yard may be taken as the average width, provided that said side yard shall not be narrower at any point than 3/4 of the required side yard width.

In any residence district no part of any accessory building, garage or stable situated within 75 feet, or a distance equal to 75% of the lot depth if that be less, of the street line shall extend within any required side yard. Elsewhere on the lot it may extend to within the distance of the side lot line set forth in the Table of Regulations, incorporated as Article VIII of this chapter.

In any residence district a detached garage may be built across a common lot line by written agreement between adjoining property owners, recorded in the office of the County Clerk.

Bays, balconies, chimneys, flues and fire escapes may project into a required side yard not more than 1/3 of the width of the latter, nor more than 3 1/2 feet in any case. Open iron fire escapes and ground story bays or porches, not over half the length of the side wall, may project into any side yard 3 1/2 feet. Belt courses, leaders, sills, pilasters, lintels and ornamental features may project not more than one foot and cornices and gutters not more than two feet over a required side yard. In any case no such projection shall come within three feet of any side lot line.

Where the rear lot line of a corner lot is also the side line of a lot fronting on the side street, no main or accessory building shall be erected on the rear third of the corner lot nearer to the side street than the required front setback on the side street, except that for any such corner lot created after the effective date of this chapter, the side yard along the entire side street frontage of the corner lot shall not be less than the required front yard on the side street.

In every district there shall be a rear yard on every lot, except as hereinafter specified, within which no building or structure shall be erected except as hereinafter provided. The restrictions as to rear yards in the various districts shall be as set forth in the Table of Regulations, incorporated as Article VIII of this chapter.

Except as required by § 197-69, there shall be a rear yard having a depth at least equal to the height of each building in a business district, provided that this section shall not be interpreted as requiring that any part of a business property within 60 feet of a street be devoted to rear yard. Where a rear or side yard for other than one- and two-family residences, hotels and lodging houses in an RA-1, RA-2, RA-3, RA-4 or Business District would adjoin the right-of-way of a railroad, a parkway or a limited access highway, the rear or side yard requirement may be waived by the Board of Appeals in accordance with § 197-82. In the case of a development plan for apartments and nonresidential structures requiring the approval of the Planning Commission, and in the case of uses permitted subject to additional standards and requirements, the rear or side yard requirement may be waived by the Building Inspector on recommendation of the Planning Commission. Accessory structures in the rear yard area shall be permitted to be extended to the side lines and rear line of said rear yard.

Accessory buildings may occupy portions of the required rear yards as indicated in the table in Article VIII, except that no garage or other accessory building may be located within three feet of a rear lot line in all residence districts, provided that any building accessory to apartments in RA-1 Districts may not be located within 10 feet of a rear lot line.

For each foot by which a lot at the time of enactment of this chapter is less than 100 feet deep, four inches may be deducted from the required depth of the rear yard, provided that no rear yard shall be less than 10 feet in depth any case. In any district no lot shall be so reduced in area after the enactment of this chapter as to make the required rear yard less in depth than is prescribed herein for a lot 100 feet in depth.

Chimneys and flues, elevator shafts and connecting hallways, fire escapes, fire balconies and fireproof outside stairways, bays and balconies, cornices and belt courses may project not over 3 1/2 feet into a required rear yard. No permitted projection into a required rear yard, except cornices and belt courses, shall extend within 15 feet of a rear lot line or within eight feet of an accessory building.

Included in every lot used in whole or in part for residences for three or more families, there shall be a total area allotted, designed appropriately, developed and maintained for outdoor recreational use equal to at least 400 square feet per family, except that this may be reduced to 200 square feet per family in an RA-2, RA-3 or RA-4 District and to 40 square feet per family and an RA-5 District. Development of said outdoor recreational space shall be subject to the following restrictions:

In any business district, a side yard or rear yard abutting a residence district shall conform to the requirements in that residence district as to minimum width or depth and as to maximum percentage of rear yard occupied by accessory buildings, and a strip at least 10 feet wide along such side or rear lot line shall be planted and maintained with appropriate landscaping. In any business district facing a residence district across a street, there shall be a front yard which shall be planted and maintained with appropriate landscaping, shall contain no parking, storage or other business use and shall be crossed only by sidewalks and access drives. The front yard shall be at least 10 feet in depth in B-1, B-2 and B-6 Districts, at least five feet in B-7 Districts and as specified elsewhere in this chapter for B-3, B-4 and B-5 Districts. Required landscaping shall include evergreens sufficient to screen from view from the street or from abutting property any accessory parking area and any business operations, other than operations such as servicing of cars at filling stations, not hidden by buildings or other walls or fences. In the case of a required site development plan or a use permitted subject to additional standards and requirements, a fence or wall suitable in appearance to the surrounding area may be substituted for or required in addition to the landscaping on recommendation of the Planning Commission.

Two or more buildings for more than two families on the same lot shall be located so that the primary entrance to the building, whether a main entrance serving several dwelling units in the building or a separate entrance to an individual dwelling unit in the building, is located on a side of the building which is parallel to the street upon which the property has frontage. Each building, whether principal or accessory, shall be at least 25 feet distant from any other building in the group, which distance shall be measured in a straight line between the points of the buildings which are nearest each other. In the case of principal buildings, no principal building shall be located on the site such that another principal building on the site will be located between it and the street upon which the property has frontage, unless they are separated by a distance of not less than 75 feet, which distance shall be measured in a straight line between the points of the buildings which are nearest each other. The Planning Commission may modify the strict application of the requirements of this section in a specific case where it is demonstrated to the Planning Commission that said modification will accomplish the following:

In order to provide a suitable lot for any existing house in a new subdivision, each proposed lot line shall be located away from the building a distance equal to the normal minimum yard dimension or a distance equal to half the sum of the length and height of the building facade parallel or substantially parallel to that proposed lot line, whichever is greater.

In any district, wherever any rooms in which persons live, sleep or work, except stores or storage rooms, cannot be reasonably and adequately lighted and ventilated from a street or from a side yard or rear yard as required in this chapter, a court conforming to the provisions of the following sections shall be provided on which such rooms shall open. Such court need not extend below the lowest story it is required to serve.

The restrictions as to courts in the various districts and at various heights shall be as follows:

No inner court shall be shorter than twice its width, except that such court may be shorter and wider, provided that its area is at least the same as that of the required inner court.

When a court is enclosed by apartment wings either of which contains all the rooms of one or more dwelling units, its width shall be not less than 18 inches for each foot of court height, and its length shall not exceed its width unless the width is greater than 40 feet, and shall not exceed 1 1/2 times its width unless the width is greater than 60 feet.

Required courts shall be open to the sky, unobstructed, except that cornices, gutters, belt courses, sills, pilasters and ornamental features may project not more than six inches into such courts.

No fence or wall above a height of six feet, except retaining wall, shall be permitted within the limits of any required outer court.

No accessory building shall be located within any required court.